Q: Can an investigator search your residence simply on the basis of a fourth amendment waiver. Even if there is no GFS?
Investigators stated it's your unlucky day we're doing it by lottery and we're searching everyone in the neighborhood that has the fourth waiver. Probation officer was unaware they were doing this and is still unaware
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A:
Normally, you would be protected from such a search by the Fourth Amendment. However, with such a waiver, it usually means you've specifically signed away any right you would otherwise have to contest a search by probation or any law enforcement officer as a term of probation. Probation is an alternative to jail, where of course, you also would have no Fourth Amendment rights. When explaining such a waiver, I've heard judges explain to defendants entering a plea that being on probation is like a jail sentence, but you get to live at home instead of being incarcerated.
So in my opinion, the answer is yes-you can be searched at any time for any reason while on probation if you have also signed a fourth Amendment waiver as part of your sentence.
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